People v. Madueno CA5

INTRODUCTION

Defendant Bernardo Madueno, Jr., was charged with attempted premeditated murder of Jane Doe (Pen. Code,1 §§ 187, subd. (a), 664 [count 1]), assault upon Doe with a semiautomatic firearm (§ 245, subd. (b) [count 2]), willful infliction of corporal injury upon Doe, a cohabitant and the mother of his children (§ 273.5, subd. (a) [count 3]), and willful infliction of corporal injury upon Jane Doe 2, a child (§ 273d, subd. (a) [count 4]). The information further alleged: (1) as to counts 1 through 3, defendant personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)); (2) as to count 1, he personally and intentionally discharged a firearm and proximately caused great bodily injury (§ 12022.53, subd. (d)); and (3) as to counts 2 and 3, he personally used a firearm (§ 12022.5, subd. (a)). Following trial, the jury convicted defendant of attempted murder on count 1, found him guilty as charged on counts 2 through 4, and found true the special allegations. He was sentenced to nine years plus 25 years to life for the firearm discharge enhancement on count 1, and 16 months on count 4. Pursuant to section 654, the trial court…